The Worthington advance., 1887-03-24

points lntermedlate. not more than half mile
apart; and the whole of such stream between
these upper and lower points shall be protected
and preserved BY this act.
SEC 2. Any person or corporation desirous Of
or Keeping such trout in any stream water be-
longing to or leased by him or it. shall have the
right and arc hereby authorized to erect, con-
struct ana maintain upon such premises, or in
or upon such stream or water, such dams
sluces screens, wires, pens. gates, obsvructions,
houses, BUILDINGS. boats, docks and other
him or 1t deemed necessary for such PURPOSES
provided, the same shall not in any way OBJ
struct navigation. or cause the overflowiny OF
any lands not owned or leased by him or it, nor
The interfering with the rights or privi-
leees previously acquired by any other
person or corporation: and. provided further,
OF any Kind shall be placed or built IN any water
or stream which shall in any way impede or pre-
vent trout goin: freely to any other part or por-
previously gone, unless fis.lway over said OBJ
struction or dam shall be built and 1naint aimed
oy the owner or lessee OF said stream or water,
in the manner and OF the kind hereinafter de-
scrlbed. 1t such dam or obstruction shall be
built or maintained without such proper fish
way, any person interested may file with a
magistrate or court having jurisdiction under
this act an affidavit setting forth the facts when
the offending person. persons corporation
shall be summoned into court and, ii found
guilty, the court shall order the sheriff of the
county to remove such obstruction or dam, and
shall enter Judgment to that effect, with costs,
which, together with expenses Of such removal,
may be collected by execution.
All fishways shal be constructed in manner
and according to plans satisfactory to and which
shall be approved by the commissioners of fish
cries OF the State of Minnesota.
SEC. g.. Any person or persons who shall, or
who shall attemp. to, without authority from
the owner or lessee, tear down, destroy. deface,
injure or mutilate, or cause to be torn down, de-
stroyed, defaced, injured or mutilated, or shall
ta:nper with or attempt to tamper with any
aams' dams siulces. screens, pens, buildings. boats.
signs, docks or other cOntrivances or article
erected. constructed or used pursuant to the
provisions of this act. for the purposes afore-
said. shall be guilty Of a misdcmeanor and, upon
conviction thereof, shall be subject to fine for
each such offense, not less than twenty-five dol
lars nor more than one hundred dollars, and by
Imprisonment In the county Jail not less than
thirty nor more than ninety days, and shall be
liable also to the owner or lessee OF the premises
in civil action in treble damages for injuries
done: but nothing in this section shall be con-
strued to prevent prosecution and punishment
in lieu thereof for any act declared an ofense by
any other statute or law of this state. and for
which greater penalty can be imposed than is
prescribed by this act,
SEC. 4. Such person or corporation shall have
the exclusive control Of and own all such fish as
may at any and all times be in such stream or
water so protected and preserved whether the
same be actually raised, cultivated. bred or
placed therein by him or it, or shall naturally
come into such stream or water from other
streams or waters.
SEC s. Ii any person or persons shall enter
IN or upon the premises, stream or waters so
preserved and protected without consent of the
owner or lessee. he or they shall be guilty of
trespass: and II, after such trespasser or tres
passers shall so enter, he they shall set or put
or attempt to Set or put any seine, net, hooks or
other device or contrivance for catching or kill
Ing hsh, into said water or streanl or shall fish
or attempt to fish therein, by or with hook and
line, or IN any other manner, or by shooting fish
therein with a gun, pistol, or bow and arrow, or
by using or attempting to use a spear or gig,
they shall. In addition to being guilty of tres
pass, be guilty of a lnisdemeanor
SEC. u. Any person or persons or officers or
servants OF any corporation who shall place or
explode in any streams or waite: so preserved
ana protected. any gunpcwder, giant powder,
dynamite. gun cotton or other explosive sub
stance. or deposit, or allow to be deposited any
dye stuff, coal tar. fish berries, refuse lime or
any other substance. deleterious or injurious to
same to run or flow into or upon such waters or
stream shall, upon conviction thereof, be fined
not less than fifty $50 dollars nor more than one
hundred 1OO) dollars for each offense. and in
addition thereto be imprisoned in the county
Jail for not less than thirty $50 nor more than
ninety (9O) days. And such person or persons and
the corporation whose officers or servants shall
violate this section, shall be liable, on a civil
action, to the owner or lessee Of such stream or
waters, in treble damages, for all injury thereby
SEC. z. No person or persons shall set or put
any nets, selnes. hooks or other device for catch
ing fish. or any substance injurious to fish, in
any OF the waters of Lake Superior within this
state within the distance of one thousand wards
from the mouth of any stream flowing into said
lake, or so as to prevent the tree passage of fish
to the mouth Of said stream, and upon convic-
tion thereof he or they shall be judged guilty
of a misdemeanor.
Sec 8. All nets. seines, or other contrivances
placed, used or attempted to be used upon any
premises, streams or waters protected and pre-
served by this act. or in Lake Superior within
the limits or IN the manner prohibited by this
act, shall be and are hereby declared CONTRA
band, and any person finding the same or any OF
the same, upon or in any such premises. streams
waters ia hereby QNfhOrizad f0 n
same and no action for damages, or any crimi-
nal proceeding shall lie against him for such de-
struction.
SEC g. Any person or persons who shall
place or cause to be placed in any water or
streams sought to be preserved and protected
under this act, or in Lake Superior, within 500
yards OF the mouth Of any stream flowing into
said lake, any fish or fish spawn other than
trout or trout spawn. shall be guilty Of a misde-
meanor
SEC 10. II any person, persons or CORPORA
tion shall catch or have in his, their or ITS pos
session. any trout such as are described in this
49, save ave snd sn except betwesn the first day Of
year; or it any person. persons, firm,
CORPORATION, express company, or COM
mon carrier, shall receive for transportation,
Or shall transport any such trout save and ex-
cent between such dates, he, they or it shall be
guilty OF misdemeanor, and, upon conviction
thereof, shall be fined the sum of one dollar
($1.OO for each and every trout 80 caught had
transferred, or attempted to be transferred, TO-
Gether with cost Of prosecution. and such fish
S1ldll De uCClarCO CO0CT3O80O. and sold in thia
act herein provided.
If q corporation is accused Of violating this
sectlOn. the variant may be served upon any
officer agent or emPloye of said corporation.
which shall be considered service upon the cor
porat1on and execution to collect the fine i'm
posed may be issued against any person, per.
sons or corporation adjudged guilty. but nothing
In this section shall prevent any person, per-
sons or corporation owning trout protected and
preserved bv this act, from catching and having
them at any time, or to prevent q person. COM
from
and transporting the same at any time provided
the shipment OF trout is accompanied by a
written statement signed by the owner or lessee
OF such fish pond. pound or preserve. stating in
what fish pond. pound preserve the same
were caught; but such person, common carrier
or express company shall not be liable by rea-
spect. nor shall anything in this act prevent or
forbid the shipment and transportation at any
SEC. II. Any person Or persons violating any
of the provisions of this act. may be at once
csreSssd crreisd by any person. and shall be
fore some magistrate or court having
jurisdiction. with whom or which an affidayit
setting out the facts shall be filed. and war
shall be delivered to the proper officer for safe
keeping. and if the property declared contra
band by this act shall not have been destroyed,
trout found IN the possession OF the accused,
who shall forthwith inventory the same Ali
trout so delivered shall be sold by said officer
~ puolC VI private SAFE, 1Or Lno highest pos
sble prlcc, and the product of such sale shall be
subject to the judgment of the court.
BEL. II. Any magistrate or court having juris-
dict!on. is hereby authorized and required, upon
the making and filing Of an affidavit alleging tho
violating by any person. persons company or
corporation. OF any of the provisions Of this acs
the sheriff, constable, or other proper officer of
the village, city county or court in which trial
Is to be had. to arrest such offender or Offend
ers, wherever found in the state and bring him
or them before such magistrate or court without